EXPLANATORY STATEMENT
CIVIL AVIATION REGULATIONS 1988
CIVIL AVIATION ORDERS
APPROVAL UNDER SUBREGULATION 207 (2)
Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations.
Subregulation 207 (2) of the Civil Aviation Regulations 1988 (CAR 1988) provides that an Australian aircraft must not be used in any class of operations unless it is fitted with such instruments, and is fitted with or carries such equipment, as the Civil Aviation Safety Authority (CASA) approves or directs.
Regulation 5 of CAR 1988 provides that where CASA is empowered to issue directions, it may issue those directions in Civil Aviation Orders (CAOs).
Paragraph 3.1 of section 20.4 of the CAOs provides that oxygen must be stored, and dispensing and control equipment must be installed, on an aircraft in accordance with section 108.26 of the CAOs. Paragraph 3.2 provides that the minimum rates of oxygen flow must also be in accordance with section 108.26.
This approval under subregulation 207 (2) permits aircraft VH-CBK to operate with “Oxymizer” individual oxygen dispensing units installed for use by flight crew members. Oxygen dispensing units that meet the requirements of paragraph 6.1 of section 108.26 in relation to oxygen flow would otherwise have to be installed. The minimum flow rates specified in this approval differ from the flow rates specified in paragraph 6.1 for flight crew members. The flow rate specified in paragraph 6.1 applies to units designed to cover the nose and mouth. Because nasal cannula type units such as the “Oxymizers” supply oxygen directly to the lungs through the nose, a lesser flow rate produces the same level of oxygen in the blood as a greater flow rate provided in accordance with paragraph 6.1.
Units designed to cover the nose and mouth must be supplied in an aircraft in a ratio of 1 for every 15 oxygen dispensing units installed. For the avoidance of doubt, the approval states that this requirement will continue to apply and that the flow rates specified in paragraph 6.1 of section 108.26 will apply to those units. The approval is also subject to paragraph 5.1.3 of section 108.26 which prohibits the use of nasal cannula units above 18 000 feet.
Because this approval affects the operation of paragraph 6.1 of section 108.26, it is declared to be a disallowable instrument under regulation 5A of CAR 1988. Under subparagraph 6 (d) (i) of the Legislative Instruments Act 2003 (the LIA) an instrument is a legislative instrument if declared to be a disallowable instrument under legislation in force before the commencing day of the LIA.
As a legislative instrument, it is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA. It comes into effect at the start of the day after it is registered on the Federal Register of Legislative Instruments.
Consultation under section 17 of the LIA has not been undertaken in this case. The instrument has been issued, at the request of the operator to permit the operation of a single aircraft with the specified equipment. It replaces a previous approval issued for the same purpose.
The approval has been issued by a delegate of CASA in accordance with regulation 7 of CAR 1988. It stops having effect at the end of February 2008.
[Instrument Number CASA 76/05]
Overview
The Civil Aviation Regulations 1988 were enacted to ensure the safety and efficiency of civil aviation within Australia. This legislation empowers the Governor-General to make regulations, as stipulated in section 98 of the Civil Aviation Act 1988. Subregulation 207(2) of the Civil Aviation Regulations 1988 mandates that Australian aircraft must be equipped with instruments and equipment approved by the Civil Aviation Safety Authority (CASA) before being used in any class of operations. This specific approval addresses a gap in the regulatory framework by allowing the use of "Oxymizer" individual oxygen dispensing units for flight crew members on aircraft VH-CBK, differing from the standard flow rates specified in the regulations. The approval is subject to disallowance by Parliament and is issued under the authority of CASA to ensure compliance with safety standards while accommodating specific operational needs.
Scope and Application
The Civil Aviation Regulations 1988, specifically under subregulation 207(2), applies to all aircraft operating in Australia, requiring that they must be fitted with instruments and equipment approved by the Civil Aviation Safety Authority (CASA). This regulation ensures that aircraft meet specific safety standards before they can be used in any class of operations. The approval under subregulation 207(2) concerns the aircraft VH-CBK and its use of "Oxymizer" individual oxygen dispensing units for flight crew members. This approval modifies the standard requirements set out in section 108.26 of the Civil Aviation Orders (CAOs), allowing for a different minimum flow rate for nasal cannula units, which deliver oxygen directly to the lungs, as opposed to the units designed for covering the nose and mouth. The approval is subject to certain conditions, including a prohibition on the use of nasal cannula units above 18,000 feet. This legislative instrument is subject to disallowance by the Parliament and comes into effect upon registration on the Federal Register of Legislative Instruments. It is pertinent to note that while this approval is tailored for the specific aircraft VH-CBK, it adheres to broader regulatory standards set forth in the Civil Aviation Regulations 1988 and the CAOs.
Key Provisions
The main operative sections of the Civil Aviation Regulations 1988 (CAR 1988) that are relevant to this approval involve the requirement for aircraft to be equipped with approved instruments and equipment before they can be used in any class of operations (Subregulation 207(2)). Section 98 of the Civil Aviation Act 1988 grants the authority to make such regulations, and Regulation 5 of CAR 1988 allows the Civil Aviation Safety Authority (CASA) to issue directions in Civil Aviation Orders (CAOs). Specifically, this approval pertains to the installation and operation of “Oxymizer” individual oxygen dispensing units on aircraft VH-CBK (Paragraph 3.1 and 3.2 of section 20.4 of the CAOs). This approval modifies the requirements set out in paragraph 6.1 of section 108.26 of the CAOs, particularly regarding the flow rates of oxygen for flight crew members using nasal cannula type units.
The obligations and requirements imposed by this Act and the approval include the installation and operation of the “Oxymizer” units on aircraft VH-CBK. These units must comply with the specified flow rates as outlined in the approval, which differ from the standard flow rates for oxygen dispensing units covering the nose and mouth. Additionally, the requirement to have a ratio of 1 unit designed to cover the nose and mouth for every 15 oxygen dispensing units installed remains in effect. Furthermore, the approval explicitly states that nasal cannula units such as the “Oxymizers” cannot be used above 18,000 feet, as per paragraph 5.1.3 of section 108.26.
Offences and penalties for breaches of the Civil Aviation Regulations 1988 are not explicitly detailed within the scope of this specific approval; however, in general, non-compliance with regulations can result in significant penalties. Under Australian law, breaches of civil aviation regulations can lead to substantial fines and, in severe cases, criminal charges. The penalties for non-compliance can vary, but they may include fines up to a maximum of $126,000 for corporations and $25,200 for individuals, as stipulated by the Administrative Penalties Act 1998. Additionally, CASA has the authority to take enforcement actions such as grounding the aircraft or imposing operational restrictions. Given the safety-critical nature of aviation, any breach of the approved conditions could result in severe consequences, including the potential for accidents or safety incidents.